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76684 Federal Register / Vol. 70, No.

248 / Wednesday, December 28, 2005 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION provide adequate controlled airspace for Authority: 49 U.S.C. 106(g); 40103, 40113,
Instrument Flight Rules operations at 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
Federal Aviation Administration Hill City Municipal Airport, KS. The 1963 Comp., p. 389.
area will be depicted on appropriate § 71.1 [Amended]
14 CFR Part 71 aeronautical charts.
■ 2. The incorporation by reference in
[Docket No. FAA–2005–22745; Airspace Class E airspace areas extending
14 CFR 71.1 of Federal Aviation
Docket No. 05–ACE–31] upward from 700 feet or more above the
Administration Order 7400.9N, dated
surface of the earth are published in
September 1, 2005, and effective
Establishment of Class E5 Airspace; Paragraph 6005 of FAA Order 7400.9N,
September 16, 2005, is amended as
Hill City, KS Airspace Designations and Reporting
follows:
Points, dated September 1, 2005, and
AGENCY: Federal Aviation
effective September 16, 2005, which is Paragraph 6005 Class E airspace areas
Administration (FAA), DOT.
incorporated by reference in 14 CFR extending upward from 700 feet or more
ACTION: Final rule. 71.1. of the same Order. The Class E above the surface of the earth.
airspace designation listed in this * * * * *
SUMMARY: This rule establishes a Class
document will be published
E airspace area extending upward from ACE KS E5 Hill City, KS
subsequently in the Order.
700 feet above the surface at Hill City, Hill City Municipal Airport, KS
KS. The FAA has determined that this
(Lat. 39°22′44″ N., long. 99°49′53″ W.)
The effect of this rule is to provide regulation only involves an established
body of technical regulations for which That airspace extending upward from 700
appropriate controlled Class E airspace feet above the surface within a 7.8-mile
for aircraft departing from and executing frequent and routine amendments are radius of Hill City Municipal Airport and
instrument approach procedures to, Hill necessary to keep them operationally within 2 miles each side of the 001° bearing
City Municipal Airport, KS and to current. Therefore, this regulation—(1) from the airport extending from the 7.8-mile
segregate aircraft using instrument is not a ‘‘significant rule’’ under radius to 11.4 miles north of the airport, and
approach procedures in instrument Executive Order 12866; (2) is not a within 2 miles each side of the 181° bearing
‘‘significant rule’’ under DOT from the airport extending from the 7.8-mile
conditions from aircraft operating in
Regulatory Policies and Procedures (44 radius to 12.5 miles south of the airport.
visual conditions.
FR 11034; February 26, 1979); and (3) * * * * *
EFFECTIVE DATE: 0901 UTC, April 13,
does not warrant preparation of a Issued in Kansas City, MO, on December 8,
2006.
Regulatory Evaluation as the anticipated 2005.
FOR FURTHER INFORMATION CONTACT: impact is so minimal. Since this is a Paul J. Sheridan,
Brenda Mumper, Air Traffic Division, routine matter that will only affect air Area Director, Western Flight Services
Airspace Branch, ACE–520A, DOT traffic procedures and air navigation, it Operations.
Regional Headquarters Building, Federal is certified that this rule, when [FR Doc. 05–24505 Filed 12–27–05; 8:45 am]
Aviation Administration, 901 Locust, promulgated, will not have a significant
BILLING CODE 4910–13–M
Kansas City, MO 64106; telephone: economic impact on a substantial
(816) 392–2524. number of small entities under the
SUPPLEMENTARY INFORMATION: criteria of the Regulatory Flexibility Act.
DEPARTMENT OF HEALTH AND
This rulemaking is promulgated
History HUMAN SERVICES
under the authority described in
On Thursday, November 10, 2005 the Subtitle VII, Part A, Subpart I, Section Food and Drug Administration
FAA proposed to amend Part 71 of the 40103. Under that section, the FAA is
Federal Aviation Regulations (14 CFR charged with prescribing regulation to 21 CFR Part 101
Part 71) to establish Class E airspace at assign the use of the airspace necessary
Hill City, KS (70 FR 68386). The to ensure the safety of aircraft and the [Docket No. 2003N–0346]
proposal was to establish a Class E5 efficient use of airspace. This regulation
airspace area to bring Hill City, KS Food Labeling: Ingredient Labeling of
is within the scope of that authority
airspace into compliance with FAA Dietary Supplements That Contain
since it contains aircraft executing
directives. Interested parties were Botanicals; Withdrawal
instrument approach procedures to Hill
invited to participate in this rulemaking City Municipal Airport. AGENCY: Food and Drug Administration,
proceeding by submitting written HHS.
comments on the proposal to the FAA. List of Subjects in 14 CFR Part 71
ACTION: Direct final rule; withdrawal.
No comments objecting to the proposal Airspace, incorporation by reference,
were received. Navigation (Air). SUMMARY: The Food and Drug
Administration (FDA) published in the
The Rule Adoption of the Amendment Federal Register of August 28, 2003 (68
This notice amends Part 71 of the FR 51693), a direct final rule to amend
■ In consideration of the foregoing, the
Federal Aviation Regulations (14 CFR the regulation on the designation of
Federal Aviation Administration
Part 71) by establishing a Class E ingredients in dietary supplements by
amends 14 CFR part 71 as follows:
airspace area extending upward from incorporating by reference the most
700 feet above the surface at Hill City PART 71—DESIGNATION OF CLASS A, recent editions of the references Herbs
Municipal Airport, KS. The CLASS B, CLASS C, CLASS D, AND of Commerce and the International Code
establishment of Area Navigation CLASS E AIRSPACE AREAS; of Botanical Nomenclature. The direct
rwilkins on PROD1PC63 with RULES

(RNAV) Global Positioning System AIRWAYS; ROUTES; AND REPORTING final rule also would have added a
(GPS) Instrument Approach Procedures POINTS sentence to this regulation codifying the
(IAP) to Runways (RWY) 17 and 35 has requirements contained in the Farm
made this action necessary. The ■ 1. The authority citation for part 71 Security and Rural Investment Act of
intended effect of this action is to continues to read as follows: 2002 (Public Law 107–171) that restrict

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